Why is it taking so long to finalise MOP for appointment of judges? SC asks Centre

New Delhi: The issue of Memorandum of Procedure (MOP) for appointments of judges in the higher judiciary cannot linger on for an indefinite period, the Supreme Court said on Friday while agreeing to examine why there has been a delay in finalising the procedure.

The SC observed that it was in larger public interest that the issue is finalised without further ado. "We need to consider the prayer that there should be no further delay in finalisation of MOP in larger public interest. Even though no time-limit was fixed by this Court for finalisation of the MOP, the issue cannot linger on for an indefinite period," the bench said.

The court agreed that MOP must provide for a mechanism so that appointments of regular Chief Justices of High Courts are not unduly delayed. "No doubt the process is to be initiated by the Collegium and proposal is expected to be so initiated before accrual of the vacancies so as to ensure that appointments take place by the time vacancies arise and that the arrangement of acting Chief Justices does not exceed one month, as stipulated in the MOP currently in force," the bench said.

It said the order of apex court which stipulated that there should be MOP for appointments in higher judiciary is of 2015 and over one year and ten months have already passed.

There has been a difference of opinion over terms of MOP for appointments in the higher judiciary between Supreme Court collegium and the executive.